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Her Majesty's Government - my reiterated instructions from Her Majesty's Secretary of State for Foreign Affairs, Lord John Russell in a Despatch of the 15th February 1860 writes "you will not hesitate to make use of, to the fullest extent, the powers vested in you and in Her Majesty's Consuls, for the maintenance of peace order and good Government Among British subjects resorting to Japan, you will firmly enforce such regulations as you may publish for that purpose".
And again under date November 9 of the same year "and people, will not be thwarted by the inconsiderate and reckless conduct of British subjects; but you will have ... in firmly exercising for the repression of disorder, the extensive powers entrusted to you by Order in Council..
It was strictly in accordance with these instructions, that proceedings were taken against the plaintiff precisely in this case, for his offence was one of those in which inconsiderate and reckless conduct tended to thwart all efforts to establish a good understanding with the Authority and people of Japan, to the manifest injury of British interests and the end of Commerce and peace. He had resisted the officers of the Tycoon, in which one of them was grievously wounded by a fowling piece, after he had deliberately provoked a scuffle.